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XIV. 



CADWALLADER COLDEN 



i lotito of $m-fml 



1732. 



Fi*-'*- 



THE STATE OF THE LANDS IN THE PROVINCE OF 
NEW YORK, IN 1732. 

BY CADWALLADER COLDEN, SURVEYOR GENERAL. 
[Colden Manuscripts, N. Y. Historical Society.] 

In obedience to your Excellency's Commands, I now lay before 
you the State of the Lands in this Province, in the best manner 
I am capable of, by a plain Narrative of such facts as have come 
to my knowledge. 

It may be necessary in the first place to observe, that the Kings 
Commissioners, who were sent in the year 1664 to reduce this 
Country to the Kings obedience (it being then in the possession of 
the Dutch) issued a Proclamation wherein they Promised a?id 
Declared, that whosoever of what JVatio?i soever will upon the 
Knowledge of this Proclamation, acknowledge and testify them- 
selves to submit to his Majesties Government, as good subjects 
ought to do, shall be protected by his Laws and Justice, and 
peacibly enjoy what ever Gods blessing and their own industry 
hath furnished them with, and all other privilidges with English 
Subjects And by the third article of Surrender, agree'd to with 
the Dutch Gov r it is stipulated that All People shall continue free 
Denizens, and enjoy lands, houses, goods, ships wheresoever they 
are within the County, and dispose of them as they please. And 
by the eleventh Article The Dutch here shall enjoy their own cus- 
toms concerning inheritances . 

In pursuance of which the Inhabitants took out Confermations 
of their Lands and tenements under the hand and seal of Coll 
Nicholls the first English Governor under the Duke of York in 
which their Title under the Dutch is recited, and the form of these 
Confirmations appear to be every w T here the same. 

Gov 1 " Nicholls likewise granted unimproved Lands, to any that 



378 colden's report on the lands 

were willing to settle and improve them and these first grants 
were made without any previous survey, or without reciting any 
certain Boundaries, but only to contain for example 100, 200 or 
300 Acres adjoining to such another mans Land, or to a certain 
Hill or River, or Rivulet 

The Reddendum in these first Grants varied from time to time. 
At first it was Paying the usual Rents of New Plantations^ what 
that was is now a dispute, but perhaps it may still be ascertained 
by living Evidences and sometimes their is added as a condition 
of the Grant, that the Grantee shall do and perform such acts 
and things as shall be appointed By his Royal Highness or his 
Deputy. 

In about a years time the form of the Reddendum, was changed 
as follows Paying such duties as shall be constituted and ordained 
by his Royal Highness and his heirs or such Gov r or Gov" as shall 
from time to time be appointed or set over them. It is probable 
people were not willing to axcept of Grants upon such precarious 
terms and therefore we find this form soon after changed into the 
following, Paying such duties and acknowledgements as now are 
or hereafter shall be constituted and established by the Laws of 
this Government. 

What Laws were then in being or afterwards enacted I know 
not tho° perhaps they are still among the Records ; but it is to be 
observed, that the Legislative authority was then assumed by the 
Gov r and Council without the assent or concurrence of the Repre- 
sentatives of the People and the Laws then made are now in 
disuse. And for this Reason, none of these Lands pay now any 
Quitrent, tho' their number be large, being, as I compute, not 
less than a Thousand : but I take into this computation all those 
grants in recording whereof the Clerks have omitted all that part 
of the grant which is commonly called the Habendum and Red- 
dendum. The reason of which neglect, I suppose to be that they 
were all in the same words with a few that are Recorded at length 
in the begining, for so much is recorded as wherein they can dif- 
fer, when the Habendum and Reddendum is the same viz The 
Motives to the Grant, the bounds to the thing granted, and the 
Grantees name and designation. 



IN THE PROVINCE OF NEW-YORK. 379 

Before I proceed further, it will be likewise necessary to 
observe that the greatest part of Long Island, Viz all that part 
which lies opposite to Connecticut, was settled from Connecticut, 
and claimed by the Inhabitants under the Connecticut Title, to 
which in pursuance of the Proclamation above mentioned some 
regard is had. For the first, or at least the principle Grants of 
Lands upon this Island, are made in Townships according to the 
custom of Connecticut, & to the Freeholders and Inhabitants 
which supposess a previous Title some I know, think that these 
Grants of Townships are not Grants of the Soil, but only for the 
Good Government of these parts of the Country, as I remember 
it is expressly mentioned in the Patents for the Townships of 
Southampton and Southold and perhaps it is so in others likewise, 
and the Governours who granted these Town Patents continued 
to grant the Soil, within the limits of these Townships, as some 
of the succeeding Governours did likewise, However most of all 
the Lands within these Townships are held by Grants from Trus- 
tees, or Common Council of these Towns upon the General Town 
rights only. If these Town Patents should not be valid, as to 
the whole Soil contained within their limits yet they may operate 
as a confirmation of the particular rights and possessions of those 
who are called freeholders in the said Grants. These Town 
Patents are generally upon small yearly acknowledgements — 

Notwithstanding that the Gov rs under the Duke of York, took 
these extraordinary methods to secure their Masters Authority, 
and interest, they made some Grants of Large Tracts of Land, 
upon trifling Quitrents but as these are very few, in Comparison 
of what happened afterwards what observations I have to make on 
this head will come in more properly in another place 

Sir Edmond Andross the third English Gov r of New York, as 
he seems to have had the interest of his Master and of the People 
he Governed as much at heart as any Gov r that has at any time 
been set over this Province so he was very carefull in Granting 
of Lands : All Lands to be Granted were Surveyed before the 
Grant and bounded in the Grant according to the Survey. The 
Quitrents were likewise fixed by the Grant, generally at the rate 
of one Bushel each hundred acres tho' some times at a higher rate 



380 colden's report on the lands 

and sometimes the rent was less, probably as the value of the land 
was represented. And as these grants are the most profitable to 
the Lords of the soil, so are they to the Tenant, they being free 
of all those disputes about their Boundaries which have in a great 
measure rendered some others useless to the grantees. S r Edward 
has left but a few exceptions to be made to this general account 
given of his care of his Masters Interest. Coll Dungan who suc- 
ceeded him, followed his steps in the Granting of Lands, but the 
exceptions to the General Good Rule are both more numerous and 
more considerable than in S r Edmonds administration. 

While Coll Dungan was Gov"" the Duke of York became King 
by which the property of the Soil and the Quitrents became 
anexed to the crown, and have continued so ever since, but as the 
Revolution happened soon afterwards, there is nothing material to 
be observed 'till after that time. 

After the Revolution the Grants of Lands to all ran in the 
Kings name, whereas before that they were made in the Gov rs 
name that granted the Land, and this method of Granting in the 
Gov rs name was continued after the Duke of York became King, 
as it was before. 

Coll Slaughter the first Governor after the Revolution, found 
the Country in such confusion and lived so short a while that I 
think only one Patent passed in his time for Lands. But Coll 
Fletcher, who succeeded him, made amends by the liberal hand 
with which he gave away Lands. The most extraordinary favors 
of former Gov rs were but petty Giants in comparison of his He 
was a generous man, and gave the Kings Lands by parcels of 
upwards of One hundred thousand Acres to a man, and to some 
particular favourites four or five times that quantity, but the King 
was not pleased with him, as I am told, and he was recalled in 
disgrace. This lavishing away of lands probably was one reason 
for 

The Earl of Bellamont, who succeeded, having orders to use 
all legal means for breaking extravagant grants of Land, joined 
with the assembly in vacating several of the extravagant Grants 
made by Coll Fletcher but as this act was carried thro' with Spirit 
of party in the assembly, it passed with much less impartiality 



IN THE PROVINCE OF NEW- YORK. 3Sl 

than might have been expected from the Justice of the Legisla- 
ture. For some of the most extravagant Giants were passed over, 
while some others were declared extravagant and vacated, that no 
way deserved that Character. However this act has considerably 
encreased his Majestys Quitrents for of these tracts which were 
then vacated, and which by their pattents were to pay altogether 
five beaver skins, one otter skin one fat Ruck and twenty shil- 
lings the lands since that time regranted within the bounds of the 
said patents pay near four hundred pounds yearly at the rate of 
2 s 6 (1 per hundred acres, notwithstanding that a great part of these 
lands still remain ungranted. The Earl of JBellamont's adminis- 
tration was short he being removed by Death before he could 
compleat the designs he had in view 

After his death the administration fell into Cap 1 Nafans hands, 
then Lieu 1 Gov. It appears that the Grants madG in his time 
pass'd in a hurry, without any previous Survey, but upon very 
uncertain informations of the natural Boundaries, which the Gran- 
tees took in their Grants, so that some of them are become a sort 
of ambulatory Grants. The Patentees claiming, by virtue of the 
same Grant, sometimes in One part of the Country, and some- 
times in another, as they are driven from one place to another by 
others claiming the same lands with more certainty. In other 
grants we find the same persons joined in several Grants with 
others, which Grants were intended for different Tracts and in 
appearance seem to be so, and yet by their present claims they 
take in the same Lands within the bounds of their several grants. 

The Earl of Bellamont was succeeded, after Queen Anns acces- 
sion to the throne by her Cousin the Lord Cornbury. The Grants 
of large tracts upon trifling quitrents, that were made during his 
Lordships administration at least equalled those of all his prede- 
cessors put together. Indeed his Lordship's inclinations were so 
evident to every body at that time that two Gentlemen (as I am 
well assured) had agreed with his Lordship for a Grant of all the 
lands in the Province, at a Lump, which were not at that time 
granted, and that the only thing which prevented the passing of 
that grant was, that those Gent" apprehended that the Grant 
would of itself appear so extravagant and would create so many 



382 colden's report on the lands 

enemies, that they would not be able to hold it. During the 
Lord Combury's administration an act was likewise passed, repeal- 
ing the act above mentioned for vacating the extravagant Grants 
of Land by Coll Fletcher. The vacating Act passed not long 
before King Williams Death, and lay in the offices in England 
without any notice taken of it, till after the Lord Cornbury was 
removed from his Government ; then the vacating Act was con- 
firmed and the Act repealing it was repeal'd by the Queen and at 
the same time new instructions were given to the Gov r , by which 
the Quitrent was directed not to be less than 2 s 6' 1 each hundred 
acres, and previous Surveys were ordered to be made before the 
Grant should pass, which have effectually prevented the above 
mentioned abuses. 

I shall now proceed to some more particular account of the 
great Grants of Lands, I mean of such as contain fifty thousand 
Acres and upwards to a Million of acres, for if I be not very much 
misinformed, there is more than one that contain that quantity. 

No quantity of Land or number of Acres, for the most part, are 
mentioned in any of these Grants, nor is it possible to discover the 
Quantity, by inspection of the Patents, as it may be done in those 
Grants which are founded on a previous Survey and where any 
quantity is expressed, it seems to be done more with design to 
hide the real quantity (if their present claims be truly conformable 
to their original bounds) than to set forth the truth, for I have 
hear'd of one instance at least, where the patent Grants 300 acres, 
and the patentee now claims upwards of sixty thousand acres 
within the bounds of his Grant. Others suspecting that such dis- 
proportion, between the real quantity and the quantity express'd 
in the Grant, might invalidate the Grant, got the quantity of 
Land to be expressed in the following manner, Containing for 
example, One thousand acres of profitable Land, besides wood 
Land, and waste and yet, when these L?.nds were Granted, per- 
haps there was not ten acres that was not wood Land, or One 
Acre that at the time of the Grant yielded any profit or one acre 
that by improvement might not be made profitable. Others guard 
against this exception to their Grant, by adding to the quantity 
of Land expressed in the Grant these words Be it more or less, 



in tiik province of m:\v-yohk. 383 

or some such words, and by virtue of these they not only claim 
a small quantity more than is expressed in the patent, but claim 
twice as much, and often ten times as much, and sometimes above 
one hundred times the quantity of Land that is expressed in the 
Giant, but as I said before, generally no quantity of Land is 
expressed in the Large Grants 

There being no previous Survey to the Grants, their Bounda- 
ries are gen< rally expressed with much uncertainty, By the Indian 
names of Brooks, Rivulets, Hills, Ponds, Falls of water fee which 
were and still are known to very few Christians, and which adds 
to this uncertainty is, that such names as are in these Grants taken 
to be the proper name of a Brook, Hill, or Fall of water &c in 
the Indian Language signifies only a Large Brook or broad Brook, 
or small Br k , or high Hill, or only a Hill or fall of water in 
general, so that the Indians shew many places by the same name 
Brooks and Rivers have different names withe the Indians, at dif- 
ferent places and often change their names, they taking their 
names often from the abode of some Tndian near the place where 
it is so called. This has given room to some to explain and en- 
large their Grants according to their own inclinations by putting 
the names mentioned in their grants to what place or part of the 
Country they please, of which I can give some particular instances 
where the claims of some have increased many miles, in a few 
years, and this they commonly do, by taking some Indians, in a 
Publick manner, to shew such places as they name to them, and 
it is too well known that an Indian will shew any place by any 
name you please, for the small reward of a Blanket or Bottle of 
Rum ; and tin nanus as I observed, being common names in the 
Indian language, and not proper ones as they are understood to 
be in English, gives more room to these Frauds 

Several of the great Tracts lying on Hudson's River are bounded 
by that River, on the East or West sides and on the North and 
South sides by Brooks or Streams of Wa'.er which, when the 
Country was not well known, were supposed to run nearly 
perpendicular to the River, as they do for some distance from their 
mouths, whereas many of these Brooks run nearly parallel to the 
River and sometimes in a course almost directly opposite to the 



384 colden's report on the lands 

River. This has created great confusion with the adjoining 
patents, and frequently Contradictions in the boundaries, as they 
are expressed in the same patent. 

Sometimes the Grant is of the Land that belonged to such an 
Indian by name or is bounded by such an Indians land, but to 
prove that any particular spot belonged to any particular Indian, or 
to show the bounds of any particular Indian, I believe is beyond 
human skill, so as to make it evident to any indifferent man 

I shall next recite what have been the consequences of these 
large Grants, It is evident that thereby the King has been depri- 
ved of almost all his Quitrents, which it appears by the powers 
given to the Gov rs to grant Lands, the King design'd to reserve. 
But the consequence I think, has been much worse as to the 
improvement of the country for tho this Country was settled many 
years before Pennsylvania, and some of the Neighboring Collonies, 
and has many advantages over them, as to the situation and con- 
veniencies of Trade, it is not near so well cultivated, nor are there 
near such a number of Inhabitants, as in the others, in proportion 
to the quantity of Land • and it is chiefly if not only where these 
large Grants are made where the Country remains uncultivated — 
tho they contain some of the best of the Land^, and the most con- 
veniently situated. And every year the Young people go from 
this Province, and Purchase Land in the Neighbouring Colonies, 
while much better and every way more convenient Lands lie 
useless to the King and Country The reason of this is that the 
Grantees themselves are not, nor never were in a Capacity to 
improve such large Tracts and other People will not become their 
Vassals or Tenants for one great reason as "peoples (the better 
sort especially) leaving their native Country, was to avoid the 
dependence on landlords, and to enjoy lands in fee to descend to 
their posterity that their children may reap the benefit of their 
labour and Industry There is the more reason for this because 
the first purchase of unimproved Land is but a trifle to the charge 
of improving them 

It may perhaps deserve the consideration of those who are more 
capable of Political foresight than I am, whether, if these large 
Grants take place, as they are designed and become great Lord- 



IN THE PROVINCE OF NEW-YORK. 385 

ships with large dependancies and revenues, whether this will 
secure or indanger the Dependancy of the Colonies on their 
Mother Country. I think few instances can be given where great 
changes were brought to effect, in any state but when they were 
headed by Rich and powerful men ; any other commotions gene- 
rally produced only some short lived disorders and Confusions 

Now that I have done with what is more peculiarly my business 
the Historical part of this representation, yet, as your Excellency 
did me the Honour likewise to ask my opinion of what Remedy 
may be most proper, and effectual, I flatter myself that the giving 
my opinion at large in writing will be most agreeable to your 
Excellency's commands. 

What at first Sight occurs in the vacating or breaking these 
Grants by due course of Law, and indeed there seems in common 
justice to be room enough for it but (to the purely Legal part, as 
it is an art or science I pretend to no skill in it) It is evident that 
in many of these the Governor who granted them was deceived as 
to the quantity ; but that the King was deceived in all of them. 
The Gov r who granted these large tracts, if they knew their 
extent, were guilty of a notorious breach of trust, and as it can- 
not be supposed, that they did this merely in the gayety of their 
heart, they must have had some temptation, and this must be 
supposed to proceed from those that received the Benefit of it. 
That therefore the Grantees are equally guilty with the Gov 1- in 
deceiving the King, and likewise of defrauding all the adventurers 
or settlers in the Colony of their equal chance of obtaining the 
most improvable and convenient lands, and of preventing the 
improvement and settling of the Colony for which purpose only the 
Lands are supposed to be Granted. These things supposed, I can 
make no doubt of a remedy in the common course of the Law, 
but notwithstanding of this I apprehend, that it will be accompa- 
nied with so many difficulties, that it will be better to think of 
some other. For all attempts, of those in the administration upon 
the properties of the subjects, are looked upon with an evil eye 
and as dangerous, and will be more so in this Country, where 
perhaps few Grants in America are made with such skill and care 
that some flaw may not be found in them by a strict and legal 
25 



386 colden's reports on the lands 

search, so that every man will be apt to look upon any attempt of 
this kind, as in some measure his own case, and those that are 
really concerned will use all their Art to stir up the people to 
make it a Country Quarrel To prevent this it may be proposed, 
to give an absolute confirmation of all the Grants excepting such 
as are truly extravagant But it will be difficult how to define or 
determine the Grants that are truely such without making the 
exceptions to general or too particular, by naming the particular 
Grants to be excepted 

The following proposal seems to me to be more practicable, 
Viz to abolish all the present rents, by an act of the Legislature, 
and in lieu of them to establish the Quitrents of all passed grants 
at 2 s 6 d p r hundred acres, with an absolute Confirmation of al 
Grants upon their paying the said Quitrents. This would effect- 
ually restore the Quitrents, and would as effectually destroy all 
the Gr ts which are truly extravagant. I mean such as the Pro- 
prieters cannot improve in any reasonable time for as this rent 
would be very heavy where the Tracts exceed twenty or thirty 
thousand acres, the Patentees would gladly surrender their Grants, 
to free themselves from this Burden, but at the same time it would 
be just to preserve to them their improved Lands under proper 
restrictions of not rendering useless any part of what is not deli- 
vered up. 

The Quitrents would in this case be sufficient to support the 
Government, and if they were applied to that purpose, I believe 
would give a general satisfaction, because it would be as equal a 
Taxation as could well be contrived, and the taxes would not, as 
they do now, fall only upon the improvements and the industry of 
the people. It wou' d likewise absolutely remove the complaints of 
the Merchants, so that it would generally please all sorts, except- 
ing the owners of the large Tracts — And I humbly conceive it 
for the Kings interest and of all those in the Administration to 
consent to this, because the Quitrents are of no use besides pay- 
ing the Salary of the Receiver and Auditor, and that Gentlemans 
Estate would be thought to be ill managed, when it only paid his 
Steward and his Clerks wages. Besides when the revenue shall 
be fixed in this manner it will be much easier to obtain extraor- 



IN THE PROVINCE OF NEW- YORK. 



387 



dinary supplies when they shall be wanted, and it will likewise 
be much easier for the People to pay them 

The chief objection, which I can conceive, that will be made 
to this is that if a perpetual revenue be Granted, then the Gov" 
will be free'd from that dependance on the People, and check on 
their behaviour that is necessary in all well ballanced Govern- 
ments and which is the only check which the poor people have 
in America and that without such check the people of the Planta- 
tions may become a prey to Rapacious Tyrannical Gov rs or other 
officers, tho the people do not doubt of their obtaining relief 
from the King, and his Ministers yet that relief is at such a 
distance, and must be attended with so much charge, that few 
private persons can have any benefit by it, and may often prove 
ineffectual by being too late even when many join in the com- 
plaint. Therefore unless some effectual solid check be given to 
the people, in lieu of what they have at present, by granting the 
Revenue for a short time, it cannot be expected that ever they 
will consent to a perpetual Revenue of any kind, or that they 
will be easy under it. 

Now I have laid before your Excellency in the best manner I 
can within the bounds I think it necessary to confine myself, the 
most material things concerning the Grants of Lands, as far as 
relates to the King, the people of the Province, and the Grantees. 
If the remedy for the abuses set forth be thought practicable, 
no doubt your Excellency will easily obtain an Instruction, 
such as the Earl of Bellamont had to propose to the Assem- 
bly to find some proper means for establishing the Quitrents 
generally over all the lands in Province at the same rate and 
for promoting the improvement and settling of the Country, for 
that otherwise the King will take such legal methods, as shall be 
thought proper for vacating extravagant Grants, and receiving his 
Quitrents. And if there be a permission given at the same time 
to apply the Quitrents to the support of Government, and abso- 
lutely to confirm all past Grants, I believe an Assembly may 
conform with the Instructions, under such restrictions as shall be 
thought necessary checks on the officers — 



388 colden's report on the lands 

In order to compute what the Quitrents would immediately 
yield I make the following calculation — 

Long Island is computed to be 150 miles long, and Albany to 
be the same number of miles distant from New York, I suppose 
Long Island to be eight miles wide, one place with another, and 
that 10 miles on each side Hudson's River would immediately 
pay rent, this amount to — 2,688,000 Acres which at' 2 s 6 d the 
hundred will yield £3350, and if the Cities of New York and 
Albany pay a reasonable Quitrent for their house lots the whole 
Quitrent will immediately amount to 4000 pounds yearly, which 
is more than the Assembly has at any time given for the support 
*"f Govern 1 

It maybe objected that the length of Long Island and distance 
to Albany may be less than what is vulgarly computed : That 
New Jersey extends 20 miles on one side Hudson's River: and 
that some Mountainous places, within my computation will yield 
no quitrent in this age but if it be considered that Staten Island 
is not within the Computation that the settlements extend 30 
Miles beyond Albany, and that many settlements are twenty miles 
from the river and some thirty miles, it will be granted the 
Quitrents will at least amount to the sum above mentioned. 

In the last place it may be objected, that the Kings Ministers 
design the Quitrents for other uses, but if it be considered of 
what consequence it is to free the Kings Officers of that 
immediate dependance on the humours of an Assembly, they 
are now under for their daily support, I believe it will be 
thought more for His Majestys service to apply the Quitrents to 
the support of the Administration in this Province, than to the 
uses the Quitrents have been hitherto applied. 



Note. — Appended to the copy of the preceding, in possession 
of the N. Y. Historical Society, is the following memorandum, in 
the hand-writing of Lieut. Governor Colden : — 

May 6th, 1752. 

It is now twenty years since I delivered the above Memorial to 
Col. Cosby, soon after his arrival. I question whether ever he 
read it. I have reason to think he gave it to the person in whom 



IN THE PROVINCE OF NEW- YORK. 389 

he then confided who had no inclination to forward the purposes 
of it. It had no other effect than to be predjudicial to myself. 

The computations of what the lands would have at that time 
produced at 2 s 6 d p r hundred acres I believe were made within 
bounds. The settlements are greatly increased since that time 
more than in fifty years before it so that I make no doubt they 
will produce six thousand pounds a year taking in a reasonable 
Quitrent for the house lots in the Cities of New York and Albany. 

I forgot to mention that it appears from the Records that num- 
bers of house lots were granted under the yearly Quitrents of 
one shilling two shillings &c or some such small rent which I 
believe is now never paid. 



LIBRARY OF CONGRESS 



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